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Question, reguarding garcia v. san antonio, overtime

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  • Question, reguarding garcia v. san antonio, overtime

    Hello, I done my research and cant seem to find a clear answer, Officer z is employed by Department X which claims they don't have to Pay over time, or anything extra based on what the Garcia Law says, Department X is a funded 5 man department, only has three officers currently because they fired their chief of police and did not have the 5th officer hired. Said departments police commission still demands 24/7 coverage out of three officers, officers put in over 245-260 hours in December, Departments police commission agreed recently to only pay officers about 1/2 of what the officers hourly rate is for the hours they work that should be overtime. Before chief was fired officers received overtime no questions asked..

    So instead of overtime, officer X makes lets say $20 hr normally, they are only going to pay him $10 and hour for the hours worked that should be overtime!


    Any input on this would be greatly appreciated!
    "What the problem is?"

  • #2
    the best source is the following website

    Generally employers under a certain number of employees are pretty much exempt form most "labor laws"


    http://www.dol.gov/compliance/laws/comp-flsa.htm


    followed by
    http://www.dol.gov/whd/

    http://www.dol.gov/opa/aboutdol/lawsprog.htm
    Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

    My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

    Comment


    • #3
      Here is the part I was looking for

      https://static.ark.org/eeuploads/arm...ShouldKnow.pdf

      Uniformed Employees
      -
      Police and Fire
      11
      .
      Law enforcement officers in cities and towns with fewer than five (5)law enforcement officers, including the chief or marshal, are exempt from the overtime provisions
      .
      29 U.S.C. §213
      (b)(20)
      ;
      29 C.F.R. §553.200
      ,
      553.211
      .
      To count as a law enforcement officer, the officer must be someone:
      (1) who is a uniformed or plainclothed member of a body of officers and subordinates who are
      legally authorized to enforce laws designed to maint ain public peace and
      order and to protect both life and property from accidental or willful injury, and to prevent and
      detect crimes, (2) who has the power to arrest, and (3) who is presently undergoing or has
      undergone or will undergo on the - job training and/or a course of instruction and study which
      typically includes physical training, self - defense, firearm proficiency, criminal and civil law
      principles, investigative and law enforcement techniques, community relations, medical aid and
      ethics.
      29 C.F.R.
      § 553.21
      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

      Comment


      • #4
        Originally posted by Iowa #1603 View Post
        Here is the part I was looking for

        https://static.ark.org/eeuploads/arm...ShouldKnow.pdf

        Uniformed Employees
        -
        Police and Fire
        11
        .
        Law enforcement officers in cities and towns with fewer than five (5)law enforcement officers, including the chief or marshal, are exempt from the overtime provisions
        .
        29 U.S.C. §213
        (b)(20)
        ;
        29 C.F.R. §553.200
        ,
        553.211
        .
        To count as a law enforcement officer, the officer must be someone:
        (1) who is a uniformed or plainclothed member of a body of officers and subordinates who are
        legally authorized to enforce laws designed to maint ain public peace and
        order and to protect both life and property from accidental or willful injury, and to prevent and
        detect crimes, (2) who has the power to arrest, and (3) who is presently undergoing or has
        undergone or will undergo on the - job training and/or a course of instruction and study which
        typically includes physical training, self - defense, firearm proficiency, criminal and civil law
        principles, investigative and law enforcement techniques, community relations, medical aid and
        ethics.
        29 C.F.R.
        § 553.21
        Good link Iowa.

        OP you say this department is normally five deep which begs the following questions. Does the above only apply when they fire someone or someone quits? Or does it not apply at all if the authorized staffing level (if there is an official one) is five officers?

        Labor law attorney may be your best bet.




        Sent from my iPhone using Tapatalk

        Comment


        • #5
          Sometimes state law is stricter that the Feds. What does your state's labor law say?
          Going too far is half the pleasure of not getting anywhere

          Comment


          • #6
            Interesting concept. I'll have to advise handy Andy here in NY as I know they hate to pay overtime to the NYSP.
            It boggles my mind when politicians pull this crap and expect all the people doing the real work, to do more with less and never offer to cut their own pay. So they expect you to work your normal 8/10/12 hour shift and any extra hours are at half time? I would get the hell out of there as soon as possible.
            I know leaving the area is not possible sometimes and I hope things work out for you. SCREW 95% OF THE POLITICIAN SCUM!

            Comment


            • #7
              Originally posted by Red Swan View Post
              Departments police commission agreed recently to only pay officers about 1/2 of what the officers hourly rate is for the hours they work that should be overtime. Before chief was fired officers received overtime no questions asked..

              So instead of overtime, officer X makes lets say $20 hr normally, they are only going to pay him $10 and hour for the hours worked that should be overtime!


              Any input on this would be greatly appreciated!
              Don't know if that department has a union or any form of collective bargaining but if they do I would argue that that overtime was past practice. I understand that there have been some rather heated discussions over unions on the board but this is clearly one time where some type of employee advocacy would have been helpful. I'd reach out to a labor attorney on this one. Good luck.
              "Massachusetts it's NOT All here!!!!"

              Comment


              • #8
                Originally posted by Sgt Jack View Post
                Don't know if that department has a union or any form of collective bargaining
                Highly unlikely because this situation would have been covered in a contract if there was one in effect.
                Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

                Comment


                • #9
                  Originally posted by Iowa #1603 View Post
                  Highly unlikely because this situation would have been covered in a contract if there was one in effect.
                  I had a feeling that was the case, sounds like a sucky situation. Hopefully something gets worked out.
                  "Massachusetts it's NOT All here!!!!"

                  Comment


                  • #10
                    I feel your pain man. I worked for a 4 man department which should be a 6-7 man department, but the council purposely kept it under 5 to avoid OT pay. We worked 120 hours+ every 2 weeks with no schedule, just a daily text from the chief telling us what we worked that day. It was not uncommon to work a 24 hour shift because the chief showed up when he wanted and left the same. Anything over 100 hours was free time to the city, the city would pay you your hourly wage up to 100 hours. We were the only city in the county which had a 24 hour department and so after midnight we were basically county deputies. Needless to say I only lasted 3 months, also didn't help that my wife was pregnant and the chief told me I better hope my wife gives birth on an off day otherwise I wouldn't be there for it. You have got to want to be a cop a whole lot more than me to put up with those shenanigans.
                    Last edited by BaylorBearSW; 01-19-2015, 12:09 AM.
                    "To hell with a supervisor, men follow a leader" -Texas Ranger Captain Allee

                    "Regard your soldiers as your children, and they will follow you into the deepest valleys; look on them as your own beloved sons, and they will stand by you even unto death."
                    -Sun Tzu

                    Comment


                    • #11
                      ^.... ummmmmmmmmmmmm wow.
                      All Gave Some - Some Gave All

                      Comment


                      • #12
                        Originally posted by Resq14 View Post
                        ^.... ummmmmmmmmmmmm wow.
                        All true. The average time an officer stays there is 4-6 months. When I would tell BIs about there they would sort of brush me off as a disgruntled ex-employee, many would talk to me after they called there and commented how they wouldn't be able to work 1 day there, with the way the chief conversed with them.
                        "To hell with a supervisor, men follow a leader" -Texas Ranger Captain Allee

                        "Regard your soldiers as your children, and they will follow you into the deepest valleys; look on them as your own beloved sons, and they will stand by you even unto death."
                        -Sun Tzu

                        Comment

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